Black Hills land claim facts for kids
The Black Hills land claim is a long-standing disagreement between the Native American Sioux Nation and the United States government. It's about who truly owns the Black Hills mountain range in South Dakota and Wyoming.
The U.S. government promised this land to the Sioux Nation in the Fort Laramie Treaty of 1868. But just a few years later, the government took the land back. They canceled the treaty without the Sioux's agreement.
In 1980, the Supreme Court said the U.S. government had acted unfairly. They ruled that the Sioux should be paid for the land. However, the Sioux Nation has not accepted the money. They want their land back, not payment. By 2011, this payment was worth over $1 billion.
In recent years, some Sioux tribes have managed to buy back parts of the disputed land. In 2012, they bought 1,900 acres, including the sacred Pe' Sla site. This site is now officially recognized as Native American trust land. Other tribes also bought land near the sacred Bear Butte in 2016 and 2018.
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What are the Black Hills?
The Black Hills are the oldest mountain range in the United States. They are about 125 miles (201 km) long and 65 miles (105 km) wide. They stretch across parts of South Dakota and Wyoming. The name "Black Hills" comes from the dark look of the thick pine and spruce forests covering them. The Lakota (Sioux) gave them this name.
The Lakota Sioux settled in this area around 1765. They had been pushed out of Wisconsin and Minnesota by European settlers and other tribes. The Lakota quickly learned to live on the plains. Bison became a very important part of their way of life.
The Great Sioux Reservation, which included the Black Hills, was set aside for the Sioux. The Fort Laramie Treaty of 1868 said it was for their "absolute and undisturbed use." But the United States did not keep its promises. The Sioux Nation was later forced off their land.
In 1980, the Supreme Court ruled that the Sioux Nation never got fair payment for their land. The court called it a "rank case of dishonorable dealings." They said the government failed to pay the full value of the land. The court ordered payment, but the Sioux Nation refused the money. They said their goal was to get their land back.
The Black Hills are home to several U.S. national parks. These include Mount Rushmore National Memorial, Badlands National Park, Devils Tower National Monument, Jewel Cave National Monument, and Wind Cave National Park. Black Elk Peak is the highest point in the Black Hills. It is a very important religious place for the Lakota.
The Crazy Horse Memorial is also in the Black Hills. It is a huge sculpture carved into a mountain. It honors the Lakota leader, Crazy Horse. This sculpture represents the culture and history of Native Americans.
Why are the Black Hills sacred?
Many Native American groups believe the Black Hills are sacred. These include the Lakotas, Cheyennes, Arapahos, Kiowas, and Kiowa-Apaches. Their religions say that important ceremonies should be held in the Black Hills.
The Black Hills also have many valuable resources and minerals. This was a main reason why the land was taken in the mid-1800s. It is also a reason why some people do not want the land returned to the Lakota. However, the Fort Laramie Treaty clearly recognized the Sioux Nation's ownership of the land.
History of the Land Claim
Early Encounters
For a long time, the Lakota Sioux camped in the Black Hills during winter. They followed the bison migrations. The first time they met a U.S. government official was during the Lewis and Clark Expedition in 1804. Lewis and Clark did not enter the Black Hills. They knew it was sacred land and they did not have permission.
The Lewis and Clark expedition led to the creation of fur trading companies. The U.S. government then controlled trade outside the Black Hills. They promised to protect the Sioux and their property. They also allowed the Sioux to hand over intruders to the government for punishment. The sacredness of the Black Hills kept most outsiders away. But in 1823, Jedediah Smith led 15 traders into the Black Hills.
How the Claim Started
In 1849, the California Gold Rush brought many gold seekers to the West. Some prospectors entered the Black Hills. The Lakota often killed them for coming onto their sacred land. This led to the Treaty of Fort Laramie (1851). This treaty aimed to set land rights and keep peace between miners and several Native American nations. Under this treaty, reservations were started. These were specific areas of land given to different tribes.
The 1851 treaty recognized the Black Hills as Sioux territory. It also said the government would pay the Sioux $50,000 every year. However, a war between the U.S. military and Red Cloud led to another treaty. This was the Treaty of Fort Laramie (1868). This treaty was meant to protect the Black Hills from white settlement.
But this treaty was broken when gold was found in Montana in 1874. Then, Brevet Major General George Armstrong Custer and his army entered the Black Hills in 1874. They publicly announced they had found gold. By 1875, this led to large mining towns like Deadwood being built in the Black Hills.
Because of this, the United States simply took the land. They passed the Congressional Act of February 28, 1877. This officially removed the Black Hills from the Sioux Reservation.
Land Rights and Treaties
1851 Fort Laramie Treaty
In 1851, Congress passed a bill to allow talks with Native Americans in the Black Hills. The Fort Laramie Treaty was created to protect the natural resources in the Black Hills. Miners traveling to California had damaged these resources. The treaty also set boundaries for the Sioux. It aimed to promote peace between white settlers and Plains Indians. The Sioux agreed to allow railroads and trails in their territory. This helped the United States expand.
The treaty also benefited the Sioux. The government agreed to pay the tribe $50,000 each year for 50 years. It recognized the Sioux's land rights and their right to govern themselves. However, the U.S. broke the treaty just one year later. In 1852, the Senate reduced the payment period from 50 years to 10 years.
1868 Fort Laramie Treaty
In 1866, Sioux Indians attacked a supply train on the Bozeman Trail. Soldiers from Fort Kearny fought back but were all killed by a small Sioux army led by Red Cloud.
In response, the U.S. Congress created the Indian Peace Commission in 1867. Lieutenant General William Tecumseh Sherman led this group. During talks, Sioux leader Spotted Tail said, "The country which we live in is cut up by white men, who drive away all the game. That is the cause of our troubles." General Sherman said the government would not close the trail. But he promised to pay the Indians for any damage. Red Cloud eventually signed the treaty on November 6, 1868.
This treaty created the Great Sioux Reservation. It also set rules for hunting lands. Article 11 said the Sioux would give up rights to live permanently outside their reservation. But they kept the right to hunt in certain areas. Article 12 is still important today. It said that any future land sales would need the signatures of at least three-fourths of the Native American people living there.
Soon after the treaty, some tribes killed white settlers who were illegally on Sioux land. This led to another treaty violation. The United States removed the Sioux's land rights to that area.
"Sell or Starve" and the 1877 Act
After the Battle of the Little Bighorn in June 1876, Congress added a rule to the Indian Appropriations Act of 1876. The Sioux called this the "sell or starve" rule (19 Stat. 192). It cut off all food and supplies for the Sioux. This would continue until they stopped fighting and gave the Black Hills to the United States.
The Agreement of 1877 (19 Stat. 254) is the most debated treaty about the Black Hills. This act officially took away Sioux land. It also permanently set up Indian reservations. Article 1 changed the reservation boundaries from the 1868 treaty. Article 2 allowed the U.S. government to build roads for settlers. Article 7 said that only full-blood Indians living on the reservation could get benefits from this act and past treaties. Many people argue that the government claimed to buy the land, but there is no valid record of this sale.
This act also broke Article 12 of the 1868 Fort Laramie Treaty. This is why it became a main point of disagreement over the Black Hills land rights.
Efforts to Get the Land Back
The legal fight for the Black Hills land claim began in the early 1920s. A tribal lawyer named Richard Case argued that the 1877 Act was illegal. He said the United States never truly bought the land. Later, lawyers Marvin Sonosky and Arthur Lazarus took over the case. They won in 1980. But even with this legal win, the Sioux refused the payment. The dispute over the Black Hills continues today.
1979-1980: Supreme Court Case
On June 13, 1979, the United States Court of Claims ruled that the 1877 Act was illegal. They said it violated the Fifth Amendment of the U.S. Constitution.
On July 31, 1979, the Sioux were awarded $17.5 million, plus interest, totaling $105 million. But the Sioux refused the money. Accepting it would mean they could no longer ask for the Black Hills back. The money is still in a government account, earning interest. By 2011, the total was about $1 billion.
The U.S. government appealed the ruling to the Supreme Court. The Supreme Court heard the case, United States v. Sioux Nation of Indians, on March 24, 1980. On June 30, 1980, the Supreme Court agreed with the earlier ruling. They awarded the Sioux Nation $106 million. This was the largest amount ever given to a Native American tribe for illegally taken land.
However, a Sioux tribal member filed a complaint. They asked the court to stop Arthur Lazarus from accepting the money for the tribe. The tribe said they did not sign a contract with Lazarus. They also said he did not represent their wishes. On July 9, 1980, the Sioux tribal council officially refused the $106 million award. They argued that the Supreme Court decision should be canceled because the tribe was not properly represented.
Later Efforts
In 1981, Mario Gonzalez, another tribal lawyer, filed a lawsuit. He asked for 7,300,000 acres (30,000 km2) of the Black Hills in South Dakota. He also asked for $11 billion in damages. He said $1 billion would help improve living standards for the Sioux. The other $10 billion would be for resources taken from the Hills. However, a federal appeals court denied this lawsuit.
In 1983, the Black Hills Steering Committee was formed. This group drafted a bill for Congress. It asked for the 7,300,000 acres (30,000 km2) of the Black Hills in South Dakota. The committee said the bill would give the Sioux all federal land in the area, about two million acres. They promised to keep all federal employees working in the Black Hills.
In 1987, Senator Bill Bradley introduced a bill to return some land. It did not pass. In 1990, Matthew G. Martínez proposed a bill to return the entire area from the treaty. This also did not pass.
Recent Developments
In April 2009, some tribal members filed a lawsuit. They said they wanted to receive the money, not the land. This lawsuit was dismissed in 2011.
In August 2009, the Obama Administration talked about settling the Black Hills land dispute. President Barack Obama spoke about respecting tribal self-rule. He said he believed tribes should decide how to handle the money. The Sioux expressed hope for new talks with the government. They wanted to find a fair solution to the long-standing dispute.
In 2012, United Nations expert James Anaya visited Native American lands. He looked at how well the U.S. was following the United Nations Declaration on the Rights of Indigenous Peoples. Anaya suggested that some lands, including the Black Hills, should be returned to tribes. He also noted that tribes had bought over 1,900 acres of land in the Black Hills. This included the sacred Pe' Sla site. The U.S. government confirmed in 2013 that Pe' Sla was officially Sioux land.
In March 2016, the U.S. Bureau of Indian Affairs officially recognized Pe' Sla as federal Indian trust land. In October 2016, some Cheyenne and Sioux tribes bought land near the sacred Bear Butte for $1.1 million. In March 2017, Pennington County agreed to end its dispute over Pe' Sla's federal Indian status. In November 2018, more land near Bear Butte was sold to the Northern Cheyenne and Arapahoe tribes for $2.3 million.
In 2020, activists protested at a political rally. They supported the "Land Back" movement. This movement aims to return indigenous land to indigenous ownership.
Images for kids
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The Black Hills in South Dakota and Wyoming, seen from space.
